COSTS – Applicant commences Class 4 proceedings seeking declaratory relief – proceedings concerned application of cl 4.1A of the Randwick Local Environmental Plan 2012 to nominated development proposal plans – Applicant subsequently amends relief – amended relief seeks abstract judicial advice concerning cl 4.1A – not appropriate to give judicial advice sought – related Class 1 proceedings based on cl 4.1A fail because design merit proceedings fail – Class 4 proceedings dismissed – no reason to depart from presumption that costs follow the event – Applicant to pay Respondent’s costs of Class 4 proceedings – Applicant to pay Respondent’s costs of Class 4 costs consideration.

Drake v Randwick City Council [2021] NSWLEC 98 (16 September 2021)